Practice area
Patents and Utility Models in Türkiye
Patents and utility models protect a technical solution to a technical problem, that is, an invention. The choice between them depends on the nature of the invention, the term of protection needed and how quickly protection must be obtained.
Scope of protection
The owner may prevent others from making, offering, using or importing the patented product, or using the patented process, without consent. The claims define the limits of that protection.
Discoveries, scientific theories and mathematical methods, business methods, computer programs as such, aesthetic creations and presentations of information are not inventions. Diagnostic and therapeutic methods practised on the human or animal body are excluded (Art. 82).
Patent or utility model: key differences
| Patent | Utility model | |
|---|---|---|
| Requirements | Novelty, inventive step, industrial applicability | Novelty, industrial applicability (no inventive step required) |
| Term | 20 years from filing, not extendable | 10 years from filing, not extendable |
| Office procedure | Search report followed by substantive examination | Search report; no substantive examination |
| Excluded subject matter | General exclusions | In addition: processes and products of processes; chemical, biological, pharmaceutical and biotechnological inventions (Art. 142) |
| After grant | Opposition before the Office within six months of publication of grant | Invalidity only before the courts |
| Timeline | Usually several years | Shorter |
Utility models offer fast, economical protection for mechanical inventions with a short product life. Patents suit inventions with a strong inventive step that need long-term protection.
Why drafting the specification matters
The value of a patent is largely determined by the quality of its specification and claims. Under Turkish law the claims define the scope of protection; the description and drawings are used to interpret them (Art. 89). Most drafting errors cannot be corrected after filing.
- Claims too narrow: a competitor can step outside the protection with a minor change.
- Claims too broad: they remain exposed to novelty and inventive step objections over the prior art.
- Insufficient disclosure: failing to describe the invention clearly enough for a skilled person to carry it out is a ground for invalidity.
- No added matter: features not in the application as filed cannot be added later.
We therefore begin drafting by understanding the invention technically: working with the inventor to set out the mechanism, alternative embodiments and the features that distinguish it from the prior art. A mechanical engineering background directly strengthens this stage for inventions involving mechanical systems, machine elements, devices and manufacturing methods.
Procedure
Initial consultation
The invention is discussed with the inventor in the light of known solutions, and the form of protection is decided.
Drafting
Description, claims, drawings and abstract are prepared.
Filing and formalities
The application is filed with TÜRKPATENT and any formal deficiencies remedied in time.
Search report
The Office issues a search report citing relevant prior documents.
Publication
The application is published 18 months from the filing or priority date (Art. 97).
Examination
For patents, examination must be requested within three months of notification of the search report; the Office may issue up to three communications (Art. 98).
Grant and opposition
Grant is published; third parties may oppose within six months (Art. 99).
What we do
Patentability report
On request, a prior art search with a detailed written report on novelty and inventive step. This is a separate engagement, scoped and quoted individually.
Drafting specifications and claims
Working with the inventor to build a claim structure that captures the right scope.
Responding to reports
Arguments and claim amendments in response to search and examination reports.
Oppositions and third-party observations
Observations against competitors' applications and oppositions to granted patents.
International filings
Priority filings; Turkish national phase of PCT applications and validation of European patents.
Annuities and recordals
Monitoring annuities, assignments and licences.
Frequently asked questions
We disclosed the invention before filing. Can we still get a patent in Türkiye?
A disclosure by the inventor within the 12 months before the filing or priority date does not affect patentability in Türkiye (Art. 84). Many countries have no such grace period, so if protection abroad is planned, avoid disclosure before filing.
Can we extend a European or PCT application to Türkiye?
Yes. Türkiye is a party to both the PCT and the European Patent Convention. We handle national phase entries and validations of granted European patents, including the Turkish translations.
When does protection start?
Terms run from the filing date. Provisional protection applies from publication of the application; enforcement rights can be exercised after grant.
Would you like to discuss a matter?
Tell us briefly about your case; we will set out the steps, deadlines and risks in writing.